This document provides an overview of testimonial marketing and Federal Trade Commission (FTC) guidelines regarding endorsements. It defines what constitutes an endorsement, outlines key disclosure requirements for sponsored endorsements, and discusses potential legal liabilities for misleading statements. Examples are given to illustrate different endorsement scenarios. The document aims to educate marketers on best practices for using testimonials in compliance with FTC rules.

1. Testimonial Marketing
Content Marketing Webinar V31
Byron White Scott Mores Robert Russo
Chief Idea Officer Business Development CEO and Founder
ideaLaunch.com Verified Credible Verified Credible
@ByronWhite
240 Commercial Street
Boston, MA 02109
617-227-8800

2. What is Rules and Guidelines for
Content Marketing? Testimonial Marketing

3. What is
Content
Marketing?

4. It’s the art of listening to your customers’ wants and needs
Search Box
Social Media
Web Analytics
Keyword Popularity
Customer Service
Questionnaires
Geo-Targeting

5. And the science of delivering it to them in a compelling way
Articles
Blogs
Books
eBooks
RSS Feeds
Printed Books
Newsletters
Videos
Web
Widgets

6. It’s catching customers orbiting at high speeds
Applet
Desktop
Events
Information Portals
Mobile
Podcasts
RSS Feeds
Social Networks
Video Portals

7. With information they want and need
Downloads
Deals
Geo-Targeted Offers
Interest-Targeted Offers
Send to Friend
Re-Tweet
Likes
Loves
Repeat Visitation

8. It’s testing campaigns to learn what works best
A/B Testing
Multivariate Testing
Eye Track Testing
Segmentation Testing
Geo Target Testing
Usability Testing
Content Testing

9. And finding the most efficient path to engagement and sales
Score Engagement
Qualify Lead
Evaluate Intent
Induce Trial
Motivate Purchase
Get the Sale
Correlate Assets to Sale

10. Content Marketing is a Process and Workflow

11. Rules and Guidelines for
Testimonial Marketing

12. The FTC Guide in Review
• In 2007, the FTC began the process of reviewing its “Guides
Concerning the Use of Endorsements and Testimonials in
Advertising”
• In 2009, the FTC updated the guide recognizing the role of self-
regulation with "new” social media platforms
• Only “sponsored” communications are subject to regulation and
transparent disclosure is required for “material connections”
• There is potential liability for advertisers, advertising agencies,
and endorsers for misleading and unsubstantiated statements
made by the endorser
• Since 2009, there are many cases opened and closed with
damages

13. What is an endorsement?
• Any advertising message that consumers are likely to believe
reflects personal opinions, beliefs, findings, or experiences of a
person or organization other than the sponsoring advertiser
• Endorsements include:
– Verbal statements
– Demonstrations
– Depictions of the name, signature, likeness or other
identifying personal characteristics of an individual
– The name or seal of an organization

14. What is “not” an endorsement?
• Endorsements do not include:
– Statements by consumer or user for a product or service
without “material connection” to that manufacturer, seller or
service provider
– Statements by an identified company spokesperson

15. What are guidelines for endorsements?
• Must reflect the honest opinions, findings, beliefs, or experience
of the endorser
• May not convey any express or implied representation that
would be deceptive if made directly by the advertiser
• The Guides require the disclosure of any “material
connection” between the advertiser/seller and its endorser
• A “material connection” is information that could impact the
weight or credibility a consumer gives to the endorsement
• Disclosure must be clear and prominent
• Language should be easily understood and unambiguous
• Placement must be easily viewed and appear in a readable and
noticeable font size/color

16. Define a “sponsored” endorsement?
• Consideration given to a speaker or blogger by an
advertiser in the form of benefits or incentives (e.g.,
cash; free products; prizes; special access privileges)
• Relationship between the advertiser and speaker (e.g.,
employment)

17. Grey Zone: Exact Words
The endorsement message need not be phrased in the exact words of the
endorser, unless the advertisement affirmatively so represents. However,
the endorsement may not be presented out of context or reworded so as
to distort in any way the endorser’s opinion or experience with the
product.

18. Grey Zone: X Customers
When the advertisement represents that the endorser uses the endorsed
product, the endorser must have been a bona fide user of it at the time
the endorsement was given. Additionally, the advertiser may continue to
run the advertisement only so long as it has good reason to believe that
the endorser remains a bona fide user of the product.

19. Grey Zone: Scientific Evidence
An advertisement employing endorsements by one or more consumers will be
interpreted as representing that the product or service is effective for the purpose
depicted in the advertisement….Consumer endorsements themselves are not
competent and reliable scientific evidence.

20. Common Sense
"If there is a relationship that consumers would not expect, and it would effect the
value, then it should be disclosed.”
"Bloggers should identify a sponsored (paid) endorsement in the text of the blog,
not a hyperlink or footnote, to properly and fully disclose such endorsement and
comply with FTC guidelines.”
“No one ever died from full disclosure”
Richard Cleland
FTC Division of Advertising Practices

21. What are the liabilities?
• Advertisers are subject to liability for false or unsubstantiated
statements made through endorsements, or for failing to
disclose material connections between themselves and their
endorsers
• Endorsers also may be liable for false or misleading statements
made in the course of their endorsements

22. Consequences for Breaking the Rules
http://www.ftc.gov/opa/2011/03/legacy.shtm

23. Examples
Example 8: A consumer who regularly purchases a particular brand of dog food
decides one day to purchase a new, more expensive brand made by the same
manufacturer. She writes in her personal blog that the change in diet has made
her dog’s fur noticeably softer and shinier, and that in her opinion, the new food
definitely is worth the extra money. This posting would not be deemed an
endorsement under the Guides.
Assume that rather than purchase the dog food with her own money, the
consumer gets it for free because the store routinely tracks her purchases and its
computer has generated a coupon for a free trial bag of this new brand. Again,
her posting would not be deemed an endorsement under the Guides.
Assume now that the consumer joins a network marketing program under which
she periodically receives various products about which she can write reviews if
she wants to do so. If she receives a free bag of the new dog food through this
program, her positive review would be considered an endorsement under the
Guides.
http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf

24. More Information?
Upcoming Webinar
FTC Will Host Public Workshop to Explore Advertising Disclosures in
Online and Mobile Media on May 30, 2012
http://www.ftc.gov/opa/2012/02/dotcom.shtm
Previous Webinar Slide Deck
Implications of Social Media Oversight on Communications
and Marketing Efforts: the FTC’s Perspective
Richard L. Cleland
FTC Division of Advertising Practices
Bureau of Consumer Protection
http://www.ideaLaunch.com/FTC

25. Measuring the Bang for Testimonial Marketing

26. Byron White, ideaLaunch
Chief Idea Officer
Twitter: @ByronWhite
Byron[at]ideaLaunch.com “The only marketing
Phone: 617-227-8800 x 201
left is content
marketing.”
Seth Godin
Free 101 Content Marketing Tips Book
PDF Version Visit ideaLaunch.com/101